Synopsis

Claimant's motion for permission to file a late claim or amend his claim is
denied as unnecessary. Amended claim served within time to do so without leave
of Court. Clerk directed to file amended claim as of filing date of
motion.

4. Filed documents: Claim and Answer. Claimant brings this motion, purportedly
seeking permission to file a late claim. However, as Claimant's supporting
papers make clear, the relief he is actually seeking is permission to file an
amended claim. Claimant filed his initial claim in this matter on March 11,
2003. In that document, Claimant alleges medical malpractice and medical
negligence relating to treatment he has received at Wyoming Correctional
Facility from approximately September 27, 2001 to date. His supporting papers
include an amended claim which sets forth the same causes of action relating to
the same underlying events. He has merely set forth his allegations in a
somewhat more specific manner.

Defendant, in opposing Claimant's application, correctly points out that
Claimant's motion is unnecessary as his amended claim, though attached to his
motion papers, was served and filed within 20 days of the service date of
Defendant's answer. CPLR § 3025(a) provides:

"A party may amend his pleading once without leave of court within twenty days
after its service, or at any time before the period for responding to it
expires, or within twenty days after service of a pleading responding to
it."

For this reason, Claimant's service of his amended claim was timely and
permissible without leave of court and the necessity of this motion.

Therefore, it is hereby,

ORDERED, that Claimant's motion for permission to file a late claim, or
amend his claim, is denied as unnecessary. The Clerk is directed to file
Claimant's amended claim, attached as Exhibit 2 to his motion papers, nunc
pro tunc, as of the date of the filing of Claimant's motion. Defendant
shall have 40 days from the filed date of this order to serve and file an answer
to the amended claim.